Trump administration considering labeling some suspected cartel and gang members inside the US as ‘enemy combatants’
The Trump administration is considering designating suspected cartel and gang members within the US as 'enemy combatants' to ease detainment and limit legal challenges against imprisonment. This idea, rooted in post-9/11 policies applied to groups like the Taliban and al Qaeda, could extend to conducting lethal strikes on narco-terrorists outside the US. Legal experts argue that applying this designation to migrants is baseless and fraught with legal challenges, as it has traditionally been used in contexts of armed conflict. Trump's frustration with court interventions in deportations, like the case of Kilmar Abrego Garcia, fuels this pursuit of circumventing legal processes. The proposal has sparked significant concern within the Pentagon and among legal experts, highlighting the potential misuse of military roles in civilian law enforcement and the lack of legal justification for equating cartels with wartime enemies.
The Trump administration's proposal to label certain suspected cartel and gang members as 'enemy combatants' is aimed at simplifying their detention and reducing their ability to contest imprisonment legally, drawing on tactics used post-9/11 for groups like al Qaeda.
The designation could potentially allow for lethal actions against suspected narco-terrorists outside the US, similar to drone strikes on terrorists in countries like Iraq and Syria, raising concerns about legal justification and military overreach.
Legal experts highlight the absence of a valid legal framework for this designation, as it traditionally applies to entities engaged in armed conflict against the US, unlike the gangs and cartels in question.
This initiative revives debates from Trump's first term, where similar ideas were proposed but criticized for lacking legal basis and potentially leading to abuses of power against migrants.
Concerns are heightened by the administration's attempts to use military resources for law enforcement roles, which are typically beyond military jurisdiction, sparking debates on civil liberties and the militarization of public safety.
The case of Kilmar Abrego Garcia, a man deported under allegations of gang affiliation, exemplifies the legal complexities and frustrations faced by the administration in deportation processes.
Pentagon and legal experts express apprehension over potential misuse of the 'enemy combatant' label, stressing the need for clear distinctions between national security and law enforcement activities.